Chapter 17.55


17.55.010    Intent.

17.55.020    Definition.

17.55.030    Application for home occupation uses and appeals.

17.55.040    General requirements.

17.55.050    Notification.

17.55.010 Intent.

It is the purpose of this chapter to protect residential areas from potential adverse impacts as a result of activities which may be deemed commercial in nature. It is also the purpose of this chapter to permit residents of the community a reasonable use of their residence as a place of livelihood and/or for the supplementing of personal/family income. (Ord. 1105 § 1, 2009).

17.55.020 Definition.

A “home occupation” means any endeavor conducted for financial gain or profit in a dwelling unit where the endeavor is not generally characteristic of activities for which dwelling units are intended or designed; provided, that endeavors where the only activities include the receipt of mail, the use of a telephone, use of the Internet, the occasional commercial delivery of goods and materials not inconsistent with such deliveries in residential neighborhoods, and occasional vehicular traffic not inconsistent with such vehicular traffic in residential neighborhoods, are not considered home occupations subject to permitting requirements under this chapter. To be defined as a home occupation, the occupation or activity:

A. Must be carried on entirely within a residence by the occupants.

B. Must be clearly incidental to the use of the residence as a dwelling.

C. Must not change the residential character of the dwelling.

D. Must be conducted in such a manner as to not give any outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term.

E. Must not infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.

An occupation which does not meet this definition or which is incapable of or does not comply with the general requirements of this chapter shall not be deemed a home occupation. (Ord. 1105 § 1, 2009).

17.55.030 Application for home occupation uses and appeals.

An application for a home occupation use shall be submitted to the planner for consideration. The application shall be reviewed by the zoning administrator or other similar position or a designee. Such uses may be permitted by the zoning administrator or the individual designated to review the applications subject to the provisions of this chapter. Any party aggrieved by a decision rendered by the zoning administrator or other individual reviewing the application may appeal the decision to the hearing examiner, subject to the provisions of Chapter 18.11 SLMC. (Ord. 1105 § 1, 2009).

17.55.040 General requirements.

The general requirements for a home occupation are as follows:

A. There shall be no structural alteration to accommodate the occupation. Entrance to the space devoted to the occupation shall be from within the residence, except when otherwise required by law.

B. The use, including all storage space, shall not occupy more than 200 square feet of the residence’s floor area which is finished for living purposes including an attached garage. No home occupation shall occupy an accessory building or a detached garage.

C. No home occupation shall have any outside storage of goods and materials associated with the home occupation.

D. Only members of the family who reside on the premises and in any case no more than three persons in any dwelling unit shall be engaged in the occupation(s).

E. There shall be no window display nor shall sample commodities be displayed outside the building.

F. Home Occupation Signs.

1. Signs identifying home occupations which are unlighted, placed flat against the structure, and which do not exceed two square feet in size are permitted in the R-2 zone and the R-3 zone.

2. Signs identifying home occupations located in the R-1 zone are prohibited except as required by law. Such signs, if allowed, shall not exceed two square feet in size except as may be allowed by this chapter.

3. Signs identifying home occupations may be permitted to exceed two square feet in size subject to the review and approval of the city council and after it has been shown that the sign will not adversely affect adjacent residential uses and that the extra size is essential to the sign being seen. In no case shall the sign be greater than three square feet.

G. No material or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor.

H. Materials or commodities delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer, or the parking of customer’s automobiles in a manner or frequency causing disturbance or inconvenience to nearby residences or so as to necessitate a public parking lot shall be prima facie evidence that the occupation is a primary business, and not a home occupation.

I. Examples of uses or occupations which might normally satisfy the criteria of this section are: “bed and breakfast” facilities, custom florists, professional service providers, dressmakers, photographers, home canners, watch repairers, licensed massage therapists, and other similar uses.

J. The following shall not be deemed permissible uses or home occupations: nursing homes, massage parlors, woodworking and cabinet shops, household appliance, furniture and electronic equipment repair shops, fumigation services shops, upholstering shops, car repair shops, small engine repair shops, taxi businesses, barber shops or hair stylists and other uses deemed as “similar” by the zoning administrator or other similar position or a designee.

K. A home occupation issued to one person shall not be transferable to any other person nor shall a home occupation permit be valid at any address other than the one appearing on the permit.

L. Any person engaging in a home occupation shall register as a business under Chapter 5.06 SLMC. (Ord. 1149 § 1, 2012; Ord. 1105 § 1, 2009).

17.55.050 Notification.

Application for a home occupation use shall require notification to adjacent property owners of the proposed use. Notification shall be provided at least 10 days before a decision is to be made on the application. Written or oral comments should be provided to the zoning administrator or other individual reviewing an application before the decision is to be made on the application. Adjacent property owners shall also be notified of any appeal scheduled before the hearing examiner. A notice of the action before the hearing examiner shall be mailed to adjacent property owners at least 10 days prior to the scheduled appeal. (Ord. 1105 § 1, 2009).